MARITIME SAFETY

2003 International Law Update, Volume 9, Number 11 (November)

Written By: Professor John R. Schmertz and Mike Meier




U.S. Department of Homeland Security issues measures to bolster maritime safety, including security for vessels, shore facilities and continental shelf operations

The U.S. Coast Guard (USCG) division of the Department of Homeland Security has issued several rules to improve shipping safety as part of the National Maritime Security Initiatives. The rules implement with changes the interim rules published July 1, 2003, that relate to the Maritime Transportation Security Act of 2002 [Pub.L. 107-295]

Here are some of the general requirements. First, the Area Maritime Security Rule (33 C.F.R. Part 103), establishes USCG Captains of the Ports as Federal Maritime Security Coordinators, and requires the development of Area Maritime Security Plans and Area Maritime Security Committees.

Secondly, the Vessel Security Rule (46 C.F.R. Parts 2, 31, 71, 91, 115, 126 and 176) requires all vessels calling on U.S. ports to comply with certain security measures. For instance, each ship must (1) appoint security officers, (2) draw up security plans, and (3) comply with Maritime Security Levels.

Thirdly, the Facility Security Rule (33 C.F.R. Part 105) requires certain security measures for U.S. port facilities. For example, their owners have to name security officers, develop security plans, and comply with Maritime Security Levels.

Fourth, the Outer Continental Shelf Facility Security Rule (33 C.F.R. Part 106) lays out mandatory security measures for operations such as mobile offshore drilling units and certain fixed and floating facilities on the Outer Continental Shelf other than deepwater ports. The owners of such facilities have to designate security officers, develop security plans, and comply with Maritime Security Levels.

Finally, the Automatic Identification Rule (33 C.F.R. Parts 26, 161, 164 and 165) puts into effect the Automatic Identification System (AIS) carriage requirements of the Maritime Transportation Security Act of 2002 and the International Maritime Organization requirement adopted under the 1974 International Convention for the Safety of Life at Sea (SOLAS) [32 U.S.T. 47; T.I.A.S. 9700].

Citation: 68 Federal Register 60448 (October 22, 2003) [Implementation of National Maritime Security Initiatives] & 60472 [Area Maritime Security] & 60483 [Vessel Security] & 60515 [Facility Security] & 60545 [Outer Continental Shelf Facilities] & 60559 [Automatic Identification System].


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